HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-157Temp. Reso. #9427
June 13, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-157
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING AN ASSIGNMENT
OF THE WATER AND SEWER DEVELOPER'S AGREEMENT
WITH IRVING MILLER, TRUSTEE, FORMERLY WOODMONT
GARDENS, INC., FOR THE SOUTHGATE VILLAGE
PROJECT TO NEW URBAN SOUTHGATE, L.L.C.;
APPROVING AN ACCEPTANCE TO ASSIGNMENT
EXECUTED BY NEW URBAN SOUTHGATE, L.L.C.;
APPROVING AND EXECUTING AN ACKNOWLEDGEMENT f
OF AGREEMENT AND CONSENT TO ASSIGNMENT
BETWEEN IRVING MILLER, TRUSTEE, FORMERLY
WOODMONT GARDENS, INC., AND NEW URBAN
SOUTHGATE, L.L.C., FOR THE SOUTHGATE VILLAGE
PROJECT LOCATED AT 8700 SOUTHGATE BOULEVARD
AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE SAID ACKNOWLEDGEMENTS;
AUTHORIZING AND DIRECTING THE CITY CLERK TO
RECORD SAID DOCUMENTS IN THE PUBLIC RECORDS
OF BROWARD COUNTY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Irving Miller, Trustee, formerly Woodmont Gardens, Inc., executed a
Water and Sewer Developer's Agreement with the City of Tamarac on December 23,
1987; and
WHEREAS, Irving Miller, Trustee, formerly Woodmont Gardens, Inc., owner of
the Southgate Village Project located at 8700 Southgate Boulevard (a copy of which is
Temp. Reso. #9427
June 13, 2001 2
attached hereto in map form as "Exhibit 1 ") transferred ownership to New Urban
Southgate, L.L.C.; and
WHEREAS, Irving Miller, Trustee, formerly Woodmont Gardens, Inc., has
requested an assignment of the Water and Sewer Developer's Agreement to New
Urban Southgate, L.L.C.; and
WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's
Agreement for the Southgate Village Project, the City of Tamarac shall approve all
assignments of the Water and Sewer Developer's Agreement; and
WHEREAS, pursuant to Part IV(A) of the Water and Sewer Developer's
Agreement the City shall be a party to said assignment; and
WHEREAS, it is the recommendation of the Director of Utilities that the
Assignment and the Acceptance to Assignment be approved; and that the
Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer
Developer's Agreement between Irving Miller, Trustee, formerly Woodmont Gardens,
Inc., and New Urban Southgate, L.L.C., be approved and executed; and
1
Temp. Reso. #9427
June 13, 2001 3
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to: 1) Approve the Assignment; 2) Approve the Acceptance to
Assignment; and 3) Approve and execute the Acknowledgement of Agreement and
Consent to Assignment of the Water and Sewer Developer's Agreement between Irving
Miller, Trustee, formerly Woodmont Gardens, Inc., and New Urban Southgate, L.L.C.,
for the Southgate Village Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution.
SECTION 2: The City of Tamarac hereby approves and accepts the
Assignment of the Water and Sewer Developer's Agreement executed by Irving Miller,
Trustee, formerly Woodmont Gardens, Inc., (a copy of which is attached hereto as
"Exhibit 2") for the Southgate Village Project located at 8700 Southgate Boulevard.
Temp. Reso. #9427
June 13, 2001 4
SECTION 3: The City of Tamarac hereby approves the Acceptance to
Assignment executed by New Urban Southgate, L.L.C., (a copy of which is attached
hereto as "Exhibit 3")
SECTION 4: The City of Tamarac hereby approves and executes the
Acknowledgement of Agreement and Consent to Assignment of the Water and Sewer
Developer's Agreement for the Southgate Village Project (a copy of which is attached
hereto as "Exhibit 4")
SECTION 5: The City Clerk is hereby authorized and directed to record
said documents in the public records of Broward County.
SECTION 6: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: If any clauses, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
1
.gFr..TIC)N A
passage and adoption.
Temp. Reso. #9427
June 13, 2001 5
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 27th day of yne, 2001.
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JOE SCHREIBER
MAYOR
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLU11ION as to fora.
(TCHELL S. KRAF
CITY ATTORNEY
RG/DTM/mg
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RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER - L,
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN_
DIST 3: V/M SULTANOF_
DIST 4: COMM. ROBERTS
EXHIBIT 1
TEMP. RESO. # 9427
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SDUTHGATE_VILLAGE.DWG
SOUTHGATE VILLAGE
ASSIGNMENT, ACCEPTANCE TO ASSIGNMENT AND ACKNOWLEDGEMENT
OF AGREEMENT AND CONSENT TO ASSIGNMENT
"Exhibit II"
TAMARAC UTILITIES
ASSIGNMENT
FOR: Southgate Village, formerly Woodmont Gardens -Phase I
Name of Development
KNOW ALL MEN BY THESE PRESENT
y:.
THAT zrvin Miller Trustee succe
having an address of 2601 Biscayne Blvd., Miami, Florida 33137 ,
party of the first part, in consideration of the sum of TEN AND NO/100 ($10.00)
DOLLARS, and other valuable considerations, received from or on behalf of New urban
Southgate, L.L.C., a Florida Limited Liability Ccmpany having an address of
398 NE 6th Avenue, Delray Beach, Florida 33483
party of the second part, at or before the ensealing and delivery of these presents, the
receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, assign,
transfer and set over unto the party of the second part, the following:
All right, title and interest in and to 90 water and 90 sewer
ERC units also
known as Utility Connections as referred to in that certain Agreement dated December
23, 1987 by and between irving Miller, Trustee, formerly Woodmont
ens, THE.
as Developer, and the CITY OF TAMARAC, a municipal corporation of the State of
Florida, as City, which Agreement has been assigned to Seller. A copy of said
Agreement dated December 23, 1987 is incorporated by reference.
TO HAVE AND TO HOLD the same unto the said party of the second part, its legal
representatives, successors and assigns.
9641014 1 Assignmt.wpd
IN WITNESS WHEREOF
day of —
In the presence of:
M
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF
e undersigned has hereunto set its hand and seal, this
SS
inia,/RQdri uez
odg z
r, Trustee
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments,
personally appeared
to me known to be the person(s) described in and who executed the foregoing
instrument and WhO acknowledged before me that he executed the
same.
WITNESS my hand and official seal this day of
'u
LUSSELENIA RODRIGUEZ
MY COMMISSION # CC 939719
EXPIRES: September 25, 2W4
tad;; Bonded Thru Notary Pubic Underwriters
i
( _%) Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
IVOfARY PUBLIC, State of
Florida at Large �....... ------------
(Name of Notary Public:
Print, Stamp, or Type as Commissioned)
) DID NOT take an oath.
9641014 2 Assignmt.wpd
"Exhibit III"
TAMARAC UTILITILO
FOR: Southgate Village, formerly woodmont Gardens -Phase I
Name of Development
New Urban Southgate, L.L.C., a Florida Limited Liability Company
having an address of
398 NE 6th Avenue, Delray Beach, Fla. 334$Irty of the second .
part, agrees to accept assignment of Utility Connections. P3W
w.ia8ui te oL L
ATTEST: ri co a M
By. By. AMC
Type Name ..�� v, r, 2 ��� _ Type Name Tim andez, des-:
Corporate seeFetapp, rv%q,,w ktL.
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared to me know to be the person(s)
described in and who executed the foregoing instrument and --_-acknowledged
before me and under oath that executed th? same.
WITNESS my hand and official seal this day of
NOTARY PUBLIC, State of Florida
at Large
,S,, Kathleen G Clark
yp*My Commission CC838293 J, �J 111- L%
Expires June 112003 (Name of Notary Public: Print, Stamp,
or type as Commissioned)
(&I Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take and oath, or ( ) DID NOT take an oath.
980605 Acceptance and Acknowledgment of
Agreement and Consent to Assignment
"Exhibit IV"
TAMARAC UTILITIES
ACKNOWLEDGMENT OF AGREEMENT
AND CONSENT TQ ASSIGNMENT
FOR: Southgate Village, formerly Woodmont Gardens -Phase I
Name of Development
The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby
acknowledges that effective as of December 23, 1987
it entered
into a Water and Sewer Developer's Agreement concerning
a proposed 300 bed Special
Residential Facility (ACLF)
"Developer's Agreement",
with Irving Miller, Trustee, formerly Woodmont Gardens Inc.
as Developer, a copy of which Agreement is incorporated by reference.
The Developers Agreement was subsequently assigned by Irving Miller, Trustee,
to New Urban Southgate, L.L.C., a Florida Limited Liability Company,
by Assignment dated
The City hereby consents to and approves the Assignment of the Developer's
Agreement from Irving Miller, Trustee, formerly.Woodmont Gardens, Inc.
New Urban Southgate, L.L.C., a Florida Limited Liability Company.
to
9806�5 Acknowledgement of Agreement
And Consent to Assignment
ATTEST:
Marion Swenson
City Clerk
STATE OF FLORIDA
SS
ACCEP ED BY ITY OF TAMARAC
n
By:
Joe ctireiber
Mayor
Date: 27 , 200
r,. ', ,Jeffrey L. Millef
' City Manager
-I .
Mitchell S. Kraft,
City Attorney
COUNTY OFF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
L I to me known to be the person(s) described in and
who executed he foregoing instrument and J J c, acknowledged before me and
under oath that executed the same.
41)
WITNESS my hand and official seal this 7 — day of
20CI
(f Personally known to me, or
( ) Produced identification
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take and oath, or (DID NOT take and oath
980605 2
Acknowledgement of Agreement
And Consent 'to Assignment
7Ur1 1? 'el 92*:39FI'', ALAN GABRIEL, ESQ.
F.2
LAW OFFICES
ALAN L. GABRIEL
INTERNATIONAL BUILDING 0 PENTHOUSE EAST
2455 EAST SUNRISE BOULEVARD
FORT LAUDERDALE, "RIDA 33304.3119
ALAN L. GABRIEL
GHRISTOPHER W. PRUSASKI
IoNATHATI C. SHAMUS t
t of counsel
VIA
June 11, zool
Tony Rabbett, Utilities Engineer
Tamarac Utilities Department
6001 Nab Hill Road
Tamarac, Florida 33321
TELEPHONF. (554) 561.22.30
FACSIMILE (954) 561.7489
8-MAIL apbrIC240801-00m
Fie; Assignment and Amendment of Water and Sewer Developer's Agreement
for Southgate Village (formerly Woodmont Gardens -Phase i; originally executed
December 23. 1987)
Dear Mr, Flabbett:
Enclosed please find the originals of the recently executed documents related to (1) the
assignment and acceptance of, and the consent by the City to, the above referenced
Water and Sewer Developer's Agreement, and (2) the original of the recently executed
amendment of that Developer's Agreement.
As indicated, the assignment/acceptance documents have been executed by the
previous owner, Irving Miller, Trustee, and the purchaser, New Urban Southgate,
L.L.C., by Tim Hernandez, Vice President of New Urban Communities Corporation, the
entity which manages New Urban Southgate. Mr. Hernandez has the authority to bind
both companies. The amendment agreement has been similarly executed by the new
owner, New Urban Southgate, L.L.C.
Please note that the documents and any exhibits attached thereto have been created
and revised based upon information and discussions communicated between our
offices through lest week. It is believed that we have complied with all City
requirements.
It is our understanding that if deemed complete and correct, these two "agreements"
will be placed on the City Commission agenda of June 27, 2001 for approval.
JUti 12 101 02:10PM ALAP! GABRIEL, ESQ. P.3
Tony Rabbatt. Utilities Englneer
City of Tamarac
June 11, 2001
Pape 2
Should you have any questions, or should you need any further information or item,
please contact me immediately. Thank you for your continued courtesy and
cooperation.
V ry ly yours,
LAN L. GABRIEL
10060010611.TRL
Enclosures
cc: Irving Miller, Trustee
Tim Hernandez, New Urban Comm. Corp.
David Ofstein, Community Development Dept.
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
April 23, 1998
CINDY HICKS
CORPORATE & CRIMINAL RESEARCH
103 N. MERIDIAN ST
TALLAHASSEE, FL 32301
The Articles of Incorporation for NEW URBAN COMMUNITIES CORPORATION
were filed on April 23, 1998 and assigned document number P98000037124.
Please refer to this number whenever corresponding with this office regarding the
above corporation. The certification you requested is enclosed.
PLEASE NOTE: COMPLIANCE WITH THE FOLLOWING PROCEDURES IS
ESSENTIAL TO MAINTAINING YOUR CORPORATE STATUS. FAILURE TO
DO SO MAY RESULT IN DISSOLUTION OF YOUR CORPORATION.
A CORPORATION ANNUAL REPORT MUST BE FILED WITH THIS OFFICE
BETWEEN JANUARY 1 AND MAY 1 OF EACH YEAR BEGINNING WITH THE
CALENDAR YEAR FOLLOWING THE YEAR OF THE FILING DATE NOTED
ABOVE AND EACH YEAR THEREAFTER. FAILURE TO FILE THE ANNUAL
REPORT ON TIME MAY RESULT IN ADMINISTRATIVE DISSOLUTION OF
YOUR CORPORATION.
A FEDERAL EMPLOYER IDENTIFICATION (FEI) NUMBER MUST BE SHOWN
ON THE ANNUAL REPORT FORM PRIOR TO ITS FILING WITH THIS
OFFICE. CONTACT THE INTERNAL REVENUE SERVICE TO RECEIVE THE
FEI NUMBER IN TIME TO FILE THE ANNUAL REPORT AT 1-800-829-3676
AND REQUEST FORM SS-4.
SHOULD YOUR CORPORATE MAILING ADDRESS CHANGE, YOU MUST
NOTIFY THIS OFFICE IN WRITING, TO INSURE IMPORTANT MAILINGS
SUCH AS THE ANNUAL REPORT NOTICES REACH YOU.
Should you have any questions regarding corporations, please contact this office
at the address given below.
Loria Poole, Corporate Specialist
New Filings Section Letter Number: 598AO0022169
Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314
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ARTICLES OF INCORPORATION
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OF
NEW URBAN COMMUNITIES CORPORATION
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The undersigned incorporator, for the purpose of forming a corporation under Chapter
607, Florida Statutes, Corporations, hereby adopts the following Articles of Incorporation.
ARTICLE I - NAME
The name of the corporation shall be:
NEW URBAN COMMUNITIES CORPORATION
ARTICLE H - EXISTENCE
This corporation is to exist perpetually.
ARTICLE III - PURPOSE
The purpose of the corporation is to engage in or conduct any or all lawful business
activities as permitted by the laws of the United States, the State of Florida or any other state,
country, territory or nation.
ARTICLE IV - PRINCIPAL OFFICE
The principle place of business and mailing address of this corporation shall be 12782
Cocoa Pine Drive, Boynton Beach, Florida 33436.
ARTICLE V - SHARES
The number of shares of stock that this corporation is authorized to have outstanding at
any one time is 1000 shares of common stock having a par value of $1 per share.
ARTICLE DTI - DIItECTORS
This Corporation shall have two (2) Directors initially. The number of Directors may be
changed from time to time by Bylaws adopted by the Shareholders. The name and address of
each member of the first Board of Directors is:
Kevin E. Rickard 12782 Cocoa Pine Drive
Boynton Beach, Florida 33436
Timothy L. Hernandez Same
ARTICLE VH - INITIAL REGISTERED
AGENT AND STREET ADDRESS
The name and street address of the initial registered agent is CORPDIRECT AGENTS,
103 N. Meridian Street, Lower Level, Tallahassee, Florida 3 23 01 .
ARTICLE VIII - INCORPORATOR
The name and street address of the incorporator to these Articles of Incorporation is:
CORPDIRECT AGENTS
103 N. Meridian Street
Lower Level
Tallahassee, Florida 32301
IN WITNESS WHEREOF, the undersigned agent of CORPDIRECT AGENTS, has
executed these Articles of Incorporation this 23rd day of April, 1998.
CORPDIRECT AGENTS
By: z d� � 1
is Agent, Cynthia A. Hicks
2
ACCEPTANCE OF DESIGNATION AS REGISTERED AGENT FOR:
NEW URBAN COMMUNITIES CORPORATION
Having been named as registered agent to accept service of process for the above stated
corporation at the place designated in this certificate, I hereby accept the appointment as
registered agent and agree to act in this capacity. I further agree to comply with the provisions of
all statutes relating to the proper and complete performance of my duties, and I am familiar with
and accept the obligations of my position as registered agent.
CORPDIRECT AGENTS
By:
Q(� '
is Agent, Cynthia A. Hicks
LO
CO
-
W a
ASSIGNMENT
OF
INCORPORATOR RIGHTS
CORPDIRECT AGENTS, 103 N. Meridian Street, Lower Level, Tallahassee, Florida
32301, being the sole Incorporator of NEW URBAN COMMUNITIES CORPORATION, a
Florida corporation, does hereby assign it's rights as Incorporator to the individual listed below:
1998..
KEVIN E. NANDEZ
This Assignment was hereby adopted by the undersigned agent this 24' day of April,
CORPDIRECT AGENTS
By:
is Agent, Cynthia A. Hicks